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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PREM NARAYAN SINGH ON THE 27th OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 8534 of 2018 BETWEEN:- GAJRAJ S/O SHRI AMBARAM, AGED ABOUT 40 YEARS, R/O HARIOM NAGAR, (MADHYA PRADESH) .....APPLICANT (SHRI AMIT RAJ, LEARNED COUNSEL FOR THE PETITIONER . AND KAILASH S/O SHRI GANPAT, AGED ABOUT 48 YEARS, R/O KARNAKHEDI KANKAD BYPASS, POST- SINGAWADA, TEHSIL INDORE (MADHYA PRADESH) .....RESPONDENTS (NONE) This appeal coming on hearing this day, t h e court passed the following:
ORDER
This Petition has been filed under Section 378(4) of Cr.P.C. on behalf of the State against the order of acquittal of respondent from the charges under Section 138 of N.I. Act. Counsel for the petitioner submits that learned trial Court has dismissed the case on the basis of the judgment passed in the case of Janardan Bhatt vs. Dattatray Ji Hegde [(2008) 4 SCC 54] which has already been over ruled by Full Bench of Hon'ble Apex Court in the case of Rangappa vs. Shri Mohan [(2010) 11 SCC 441]. After hearing counsel for the petitioner and in view of the settled law, this appeal seems to be arguable. Hence, leave to the appeal is granted. Bailable warrant of arrest for a sum of Rs.25000/- be issued against the respondent for securing his presence before this Court on a date to be fixed by the registry in this regard.
Office is directed to register the MCRC as Criminal Appeal and list for admission accordingly.
Accordingly, this MCRC is allowed and disposed off.
Accordingly, this MCRC is allowed and disposed off.
(PREM NARAYAN SINGH) JUDGE amit
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